101-Draft Ordinance.pdfORDINANCE NO. 12-2095
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 9.06 OF THE MUNICIPAL CODE, ENTITLED,
“MASSAGE ESTABLISHMENTS AND SERVICES” TO CONFORM TO
CHANGES IN STATE LAW
The City Council of the City of Cupertino does hereby ordain that Chapter 9.06 be
amended as follows:
9.06.010 Purpose of Provisions.
A. It is the purpose and intent of this chapter to provide for the orderly regulation of
massage therapists and massage establishments, as defined in this chapter, in the interest of
public health, safety and welfare, by providing certain minimum qualifications for the operators
of massage establishments and massage therapists. It also is the purpose of this chapter to
recognize the voluntary statewide certification of massage therapists and massage practitioners
by the California Massage Therapy Council (CAMTC). This chapter is adopted based on the
following findings:
1. That the City has recognized the field of massage therapy as a viable professional
field;
2. That the City wants to recognize and respect professional massage therapy
organizations and qualified professionals that operate consistent with the provisions of Chapter
10.5 (commencing with Section 4600) of Division 2 of the California Business and Professions
Code;
3. The City also finds that the rules and regulations as developed in this chapter strive
for equality of all massage organizations and therapists, while attempting to prevent serious
objectionable characteristics that massage parlor establishments may have created in the past.
B. It is intended that massage therapy is a profession of the healing arts and subject to all
zoning ordinances and regulations as may be required for professional uses, consistent with and
not preempted by the requirements of Chapter 10.5 (commencing with Section 4600) of Division
2 of the California Business and Professions Code.
C. It is also intended that massage uses not regulated or exempted by this chapter are
considered massage parlors, thus regulated by the provisions in Chapter 19.104 regulating adult-
oriented commercial activities.
9.06.020 Definitions.
For the purpose of this chapter, unless the context clearly requires a different meaning, the
words are termed and phrased as set forth in this section and shall have the meanings given them
in this section:
A. “CAMTC Certificate” means the certificate issued by the California Massage Therapy
Council to massage therapists pursuant to subdivision (c) of Section 4601 of the California
Business and Professions Code, and to massage practitioners pursuant to subdivision (b) of
Section 4601, or subdivisions (a) or (c) of Section 4604 of California Business and Professions
Code Section 4604.
B. “Corporate massage” means any massage of the neck, arms, shoulders and back area
above the waist, where the client is fully clothed, and that is done without the use of
supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams,
lotions, ointments, or other similar preparations commonly used in this practice.
C. “License” means a license to operate a massage establishment as required by this
chapter.
. D. “Massage” means any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human
body with the hands, hot towels or with any mechanical or electrical apparatus or other
appliances or devices, with or without such supplementary aides as rubbing alcohol, liniment,
antiseptic, oil, powder, cream, lotion, ointment or other similar preparations; or by baths, not
limited to vapor, electric tub, mineral fomentation, or any other type of bath.
E. “Massage establishment” means any licensed establishment having a fixed place of
business where any individual, firm, association, partnership, corporation, joint venture, or a
combination of individuals engages in, conducts, carries on, or permits to be engaged in,
conducted or carried on, for consideration, massages or health treatments involving massage,
including but not limited to, any hot tub/sauna, relaxation or tanning establishment in which
massage services are made available to clients.
F. “Massage practitioner” includes “bodywork practitioner” and “massage and bodywork
practitioner,” and means any person who is certified by the California Massage Therapy Council,
pursuant to subdivision (b) of Section 4601 of California Business and Professions Code, or
subdivisions (a) or (c) of Section 4604 of California Business and Professions Code, and who as
the principal function administers massages, baths or health treatments involving massages or
baths to another person for any compensation whatsoever.
G. “Massage therapist” includes “bodyworker,” “bodywork therapist,” and “massage and
bodywork therapist,” and means any person who has been granted a permit pursuant to this
chapter, or who is certified by the California Massage Therapy Council pursuant to subdivision
(c) of California Business and Professional Code Section 4601, and who as the principal function
administers massages, baths or health treatments involving massages or baths to another person
for any compensation whatsoever.
H. “Outcall massage service” means the engaging in or carrying on of massage for
consideration at a location other than a licensed massage establishment.
I. “Permit” means a permit to engage in activities of a massage therapist or massage
practitioner or a managing employee as required by this chapter.
J-. “Person” means any individual, firm, association, partnership, corporation, joint venture,
or combination of individuals.
K. “Registered school” shall have the same definition as set forth in Business &
Professions Code 4600. .
L. “Residential massage” means engaging in or carrying on of massage at a residence
where the client either owns or rents the residence.
9.06.030 Exemptions.
A. A massage establishment license or massage therapist permit or CAMTC certificate
shall not be required for the following persons while engaging in the performance of the duties of
their respective professions:
1. Physicians, surgeons, chiropractors, osteopaths, naturopaths or podiatrists who are
duly licensed to practice their respective professions in the State of California, while performing
activities encompassed by such professional licenses;
2. Massage therapists or massage practitioners while performing massage in the offices
of a licensed physician, surgeon, chiropractor, osteopath, naturopath or podiatrist, and while
under the direct supervision and medical recommendation of such licensed medical professional;
3. Nurses (registered or licensed vocational), occupational therapists, or physical
therapists who are duly licensed to practice their professions in the State of California, while
performing activities encompassed by such professional licenses;
4. Trainers of any amateur, semiprofessional or professional athlete or athletic team;
5. Barbers or cosmetologists, who are duly licensed under Division 6 of the State of
California’s Business and Professions Code, performing a massage within the scope of the
license and for which no separate or increased prices are charged; provided such massage is
limited to the scalp, face, neck, arms, hands, lower limbs below the knees, ankles and feet;
6. State-licensed hospitals, nursing homes, sanitariums, physiotherapy establishments or
other state-licensed physical or mental health facilities and their employees;
7. Acupuncturists who are duly licensed to practice their professions in the State of
California, while performing activities encompassed by such professional license. Any state-
licensed acupuncturist who provides massage services by any person not licensed as an
acupuncturist must obtain a massage establishment license as prescribed by this chapter.
8. Registered schools and their students in training, provided such students provide
massage therapy only to fellow students or volunteers while under the direct supervision of an
instructor;
9. Persons who possess a valid CAMTC certificate and who are practicing consistent
with the qualifications established by such certificate;
10. Massage businesses or establishments as defined under paragraph (1) of subdivision
(b) of Section 4612 of the California Business and Professions Code, except that such businesses
and establishments shall not be exempt from this chapter to the extent Section 4612 expressly
permits the regulation of such businesses or establishments by local ordinance.
B. Massages that are clearly incidental to the operation of a personal fitness training center,
gymnasium or health club, or that are offered in conjunction with a hotel, may be permitted
through the use permit for those operations as required in Chapters 19.56 and 19.72 of the
Cupertino Municipal Code. A massage establishment license is not required for the
aforementioned businesses. The massage therapist or massage practitioner operating in this
category will, however, be required to comply with the requirements of this chapter.
C. This chapter shall not apply to individuals administering massages or health treatment
involving a massage to persons participating in singular-occurring recreational events, provided
the following conditions are met.
1. Massage services are made equally available to all participants in the event;
2. The event is open to participation by the general public or a significant segment of the
public, such as employees of sponsoring or participating corporations;
3. The massage services are provided at the site of the event, either during, immediately
preceding or immediately following the event;
4. The sponsors of the event have been advised of and have approved the provisions of
massage services;
5. The persons providing the massage services are not the primary sponsors of the
event.
9.06.040 Massage Establishment License, Massage Therapist Permit and
Managing Employee Permit–Required.
A. It is unlawful for any person to engage in, conduct or carry out, in or upon any premises
within the City, the operation of a massage establishment without a massage establishment
license obtained from the City Manager. In addition to a City business license, a separate
establishment license shall be obtained for each separate massage establishment operated by such
person. A massage establishment license shall be issued to any person who has complied with
the requirements of this chapter and all other applicable provisions of this code, unless grounds
for denial of such license exist. The possession of a valid massage establishment license does
not authorize the possessor to perform work for which a massage therapist permit or CAMTC
certificate is required. It is unlawful to operate, establish or maintain a massage establishment
while the license issued for such business has been suspended, revoked, or has expired. No
additional applications for licenses will be accepted for locations that are in the appeals process,
until the existing license has expired, has been revoked, or has been surrendered by the
applicant.
B. Notwithstanding any other provision in this Chapter to the contrary, requirements to obtain a
massage establishment license shall not apply to any massage establishment that employs or uses
only persons who are certified pursuant to Chapter 10.5 (commencing with section 4600) of
Division 2 of the Business and Professions Code to provide massage for compensation. Such
establishments must still obtain a business license.
9.06.041 Massage Therapist Permit or MTO Certificate Required.
It is unlawful for any person to engage in, conduct or carry out the duties of a massage
therapist or massage practitioner unless exempted by Chapter 9.06.030, without first obtaining a
massage therapist permit or CAMTC certificate.
9.06.050 Massage Establishment License, Massage Therapist Permit and
Managing Employee Permit–Application.
Applications for massage establishment licenses, massage practitioner or massage therapist
license, shall be filed with the City Manager. Within sixty working days following receipt of the
completed application, the City Manager shall either issue the license/permit or mail a written
statement of the reasons for denial thereof by certified mail. When necessary, the City Manager
or his/her designee may extend the time in order to conduct a complete investigation. The
application shall set forth the exact nature of the massage, bath or health treatment to be
administered, and the location of the proposed place of business and facilities thereof. Each
applicant is required to furnish fingerprints for the purpose of establishing identification and/or
criminal record. In addition, each applicant shall furnish the following information:
1. The full name, including any nicknames or other names used presently or in the past,
and the present street address and phone number of the applicant’s residence;
2. The previous address of the applicant for a period of three years immediately prior to
the date of the application and the dates of each residence;
3. The applicant’s date of birth;
4. The applicant’s height, weight and color of eyes and hair;
5. License number and/or state identification number (if any) and Social Security
number,
6. The applicant’s two most recent employers, including their names, street addresses,
cities and phone numbers, and the position of the applicant;
7. The names, street addresses and phone numbers of any massage establishment or any
other business involving massage, relaxation, or other related business by which the applicant
has been employed within the past ten years, and the dates of employment;
8. Any criminal conviction on the part of the applicant for offenses other than traffic
violations within five years preceding the date of the application;
9. Whether the applicant has ever had a license, certificate, permit, or other
authorization to engage in the practice of massage or related business; whether the operation of a
massage establishment, or other business engaged in the practice of massage, was suspended or
revoked within the ten years preceding the date of the application, and dates and reasons for any
such suspensions or revocations, and the name and location of the jurisdiction or agency that
suspended or revoked such license, certificate, permit or other authorization;
10. Whether the applicant, including applicant as a member of a corporation, business,
or partnership, has ever operated or been employed at any business that has been the subject of
an abatement proceeding under the California Red Light Abatement Act (California Penal Code
Sections 11225 through 11325) or any similar laws in other jurisdictions. If the applicant has
previously worked at such a business, he/she should state on the application the name and
address of the business, the dates on which the applicant was employed at such business, the
name and location of the court in which the abatement action occurred, the applicable case
number, and the outcome of the abatement action;
11. If the applicant is a partnership, the application shall set forth the names and street
addresses of each general and limited partner;
12. If one or more partners are a corporation, the name of the corporation shall be set
forth exactly as shown in its articles of incorporation or charter, together with the state and date
of incorporation, and the full legal names and street addresses of each of its current officers and
directors;
13. Whether the applicant has met the educational requirements set forth in this chapter
(except for cases involving applications for massage establishments or managing employee
permits, when the applicant has filed a statement under penalty of perjury that he/she will not
personally give massages at the massage establishment);
14. Whether the applicant has previously applied to the City for a massage
establishment permit, managing employee permit, or massage therapist permit, the date of the
application and every name(s) under which the application was made;
15. In the case of an application for a massage establishment permit or managing
employee permit, the proposed name and street address of the massage establishment, together
with the name and street address of any other massage business operated or managed by the
applicant, within the ten years preceding the date of the application;
16. In the case of an application for a massage establishment license or managing
employee permit, whether the applicant intends to personally provide massage services at the
business;
17. A statement under penalty of perjury that the applicant has not made any false,
misleading, or fraudulent statements or omissions of fact in his/her application or any other
documents required by the City to be submitted with the application;
18. The name and street address of the owner or renter and the lease holder of proposed
premises of which application is made;
19. Acknowledgment by the applicant that any information contained within the
application that may change during the validity of the permit or license will be provided to the
City to maintain current records;
20. Authorization for the City, its agents and employees, to seek information and
conduct an investigation into the truth of the statements set forth in the application and into the
background of the applicant and responsible managing officer;
21. Such other information as may be deemed necessary by the City Manager.
9.06.055 Massage Establishment License, Massage Therapist Permit and
Managing Employee Permit–Submittal of Documentation.
Applicants shall also submit the following information at the time of their application:
A. A copy of an acceptable form of picture identification such as a driver’s license or state
identification card;
B. Two recent identical color photographs of the applicant (similar to passport
photographs);
C. Documentation to prove that the applicant has a lawful right to work in the United
States;
D. Such other information as may be deemed necessary by the City Manager,
E. In the case of an applicant for a massage therapist permit, a certificate from a physician,
which includes the physician’s street address and phone number, and states that the applicant is
free from communicable diseases or other conditions that could interfere with his/her ability to
engage in the practice of massage, to the public, in a safe and healthful manner. Communicable
disease testing is required for hepatitis B and tuberculosis. The medical exam must have been
completed within sixty days of the permit application;
F. In the case of an applicant for a massage therapist permit, a diploma, certificate of
graduation, transcripts, or other written proof acceptable to the City Manager or his/her designee
that the applicant has met the educational requirements set forth in this chapter.
(Ord. 2046, (part), 2009)
9.06.060 Massage Establishment License, Massage Therapist Permit and
Managing Employee Permit–Application Fee.
Any application for a license to operate a massage establishment and/or a massage therapist
permit and managing employee permit shall be accompanied by a nonrefundable fee, as
established by resolution of the City Council. The application fee shall be used to defray the cost
of investigation and report, and is not made in lieu of any other fees or taxes required by the
Cupertino Municipal Code. The application fee shall be paid at the time the application is
submitted.
(Ord. 2046, (part), 2009)
9.06.065 Massage Establishment License, Massage Therapist Permit and
Managing Employee Permit–Expiration and Renewal.
A massage establishment license, massage therapist permit, and a managing employee permit
shall expire three hundred sixty-five days from the date of issue and must be renewed every
year. A renewal fee will be assessed for each permit being renewed. Applications for the
renewal of establishment licenses must be submitted to the City Manager or his/her designee no
later than sixty days prior to the expiration of such license or permit. There shall be no grace
period for a massage establishment license, massage therapist permit, or managing employee
permit should the aforementioned be allowed to expire.
(Ord. 2046, (part), 2009)
9.06.070 Massage Establishment License, Massage Therapist Permit and
Managing Employee Permit–Grounds for Denial.
A massage establishment license, a massage therapist permit or a managing employee permit
may be denied by the City Manager if one or more of the following are found:
A. That the applicant made a material misstatement in the application for a license and/or
permit;
B. That the applicant or any officers or directors of the applicant has been convicted of:
1. An offense that requires registration pursuant to California Penal Code Section 290,
or a violation of Penal Code Sections 266(I), 311 through 311.7, 314, 315, 316, 318, 647(b) or
(d), or equivalent offenses under the laws of another jurisdiction, even if expunged pursuant to
Penal Code Section 1203.4;
2. A prior offense that involves violation of California Health and Safety Code Sections
11351, 11352, 11358 through 11363, 11378 through 11380, 11054, 11056, 11057, 11058, any
other violation(s) involving illegal possession for sale, or sales of a controlled substance, or
equivalent offenses under the laws of another jurisdiction, even if expunged pursuant to Penal
Code Section 1203.4;
3. Any offense involving the use of force or violence upon another person;
4. Any offense involving sexual misconduct with children;
5. Any offense involving theft.
C. That the operation of a massage establishment as proposed by the applicant, if permitted,
would not comply with all applicable laws, including but not limited to, all City ordinances and
regulations;
D. That the operation of the proposed massage establishment is likely to be a hindrance to
the health, safety, welfare or interest of the people of the City;
E. That the applicant is lacking in the background qualifications to conduct a bona fide
massage establishment;
F. That the applicant has violated any provision of this chapter or any similar law, rule or
regulation of another public agency that regulates the operation of massage establishments.
(Ord. 2046, (part), 2009)
9.06.080 Massage Establishment Employees–Permit Requirements.
It is unlawful for any licensed massage establishment or managing employee to allow any
person to perform massage, bath or health treatment for any compensation unless the person
holds a valid massage therapist permit or CAMTC certificate.
9.06.110 Massage Therapist Permit–Criteria for Issuance.
A massage therapist permit shall be issued to a person who meets the following criteria:
A. Is a member in good standing of a state or nationally chartered organization devoted to
the massage specialty and therapeutic approach; and
B. Has completed one the following requirements:
1. Five hundred hours of instruction in a massage specialty and therapeutic approach at
a registered school of massage;
2. Two hundred fifty hours of such instruction and an additional five hundred
documented hours of practical experience in a massage specialty and therapeutic approach in one
or a combination of the following:
a. A primary office of and under the direct supervision of a medical professional
licensed by the State of California, specifically a physician, surgeon, chiropractor, osteopath,
physical therapist or nurse, while such medical professional is performing activities encompassed
by such license and is physically on the premises where the massage therapy is being
administered;
3. Has taken and successfully passed the National Certification Board for Therapeutic
Massage and Bodywork or the National Certification Commission for Acupuncture and Oriental
Medicine test module related to Asian Bodywork Therapy. The applicant must submit a current
certificate with the application to satisfy this criteria.
9.06.120 Massage Therapist Practical Examination.
The applicant shall take and pass a written test and practical performance examination
administered through a medical practitioner approved by the City of Cupertino, wherein the
applicant has been required to demonstrate a basic knowledge of anatomy, physiology, hygiene
and massage. If the applicant fails the practical exam, he/she shall be permitted to retake the
exam once, after at least thirty but no more than sixty days have elapsed from the date of the first
exam, provided that the applicant pays the applicable exam fees for a second time. Should the
applicant fail the exam a second time, the application shall be denied, and the applicant shall not
be permitted to apply again for a massage therapist permit for a period of one year. Applicants,
who have taken and successfully passed the National Certification Board for Therapeutic
Massage and Bodywork or the National Certification Commission for Acupuncture and Oriental
Medicine test module related to Asian Bodywork Therapy, shall be exempted from the Massage
Therapist Practical Examination. The applicant must submit a current certificate with the
application to be exempt. This section does not apply to anyone possessing an CAMTC
certificate.
9.06.160 Annual Medical Examination for Massage Therapist.
A. Any person who has been issued a massage therapist permit shall file with the City
Manager each year, within sixty days of the anniversary date of the issuance of the permit, an
updated certificate from a medical doctor, stating that the permittee massage therapist has, within
sixty days immediately prior to the filing of the certificate, been examined and been found to be
free of any contagious or communicable disease set forth in Section 9.06.055E.
B. It is unlawful for any person who has neglected, failed, or refused to file a certificate
required by subsection A of this section to act as a massage therapist. Failure to submit the
required certificate shall be grounds for revocation of the permit.
C. Individuals who possess an CAMTC certificate are not subject to annual medical
examination.
9.06.180 Outcall Massage Permit–Application.
An outcall massage permit may be issued only to a Cupertino-licensed massage therapist or
person in possession of an CAMTC certificate. An applicant for an outcall massage permit must
provide a list of all businesses and residences where the applicant will be performing outcall
massage, and must keep the City Manager, or his/her designee, advised in writing of changes to
said list.
(Ord. 2046, (part), 2009)
9.06.190 Outcall Massage Permit–Criteria.
Outcall massage may be performed only under the following criteria:
A. Corporate.
1. The massage treatment shall consist of “corporate” massage only as defined in
Section 9.06.020;
2. Outcall “corporate” massage clients shall be owners and employees of the business at
which the massage therapist will be performing massage.
B. Residential. Any resident may engage the services of a massage practitioner or massage
therapist in the resident's home.
(Ord. 2046, (part), 2009)
9.06.193 Operating Requirements for Massage Establishments.
Unless otherwise specified in this chapter or preempted by state law, including any applicable
provisions of Business & Professions Code 4612, all massage establishments shall comply with
the following operating requirements:
A. Exterior Signs. A recognizable and legible sign shall be posted at the main entrance
identifying the business as a massage establishment. In addition, the sign shall comply with the
City sign ordinance.
B. Posting of and Filing of Each Massage Establishment License, Massage Therapist
Permit, Managing Employee Permit and CAMTC Certificate. A copy of the massage
establishment license, massage therapist permit(s), managing employee permit(s), and CAMTC
certificate(s) shall be posted in a conspicuous place in such a manner that it can easily be seen by
persons entering the establishment. No massage establishment shall allow any party to provide
any massage services within the establishment pursuant to a CAMTC certificate unless such
certificate has been filed with the City.
C. (Reserved) .
D. Posting of Services Available and Fees. A list of all services available, the price thereof
and the length of time each service shall be performed, shall be posted or available in a
conspicuous place in such a manner that it can easily be seen by persons entering the
establishment. No other services, other than those posted, shall be provided.
E. Payment/tips. Payment for massage services, and any tips, shall be paid for at the
designated reception area of the business establishment.
F. Alcohol Prohibited. No alcoholic beverages may be located on the premises of the
massage establishment while the business is open for the practice of massage.
G. Maintain Written Records. Every massage establishment shall keep a written record of
the date and hour of each service provided, the name and address of each patron and the service
received, and the name of the massage therapist administering the service. Such records shall be
open to inspection only by officials of the City charged with enforcement of this chapter. These
records may not be used for any other purpose than as records of service provided, and may not
be provided to other parties by the massage establishment or service unless otherwise required by
law. Such records shall be retained on the premises of the massage establishment for a period of
two years.
H. Standard of Dress for Massage Establishment Employees. The holder of the massage
establishment permit, massage therapists, massage practitioners, managing employees, and all
other employees of the massage establishment shall remain fully clothed in clean outer garments
while on the premises of the massage establishment. At a minimum, such clothing shall be made
of nontransparent material and shall not expose the buttocks, genital area or breasts of any
employee or permit holder at any time.
I. Operating Hours. No massage establishment shall be kept open for business and no
massage therapist or massage practitioner shall administer massages after the hour of ten p.m. or
before the hour of seven a.m. Operating hours may be further restricted by the City Manager
pursuant to Section 9.06.200.
J. Mirrors Prohibited. In general, mirrors are prohibited in rooms where massages are
performed; however, one full length or small mirror may be mounted vertically to the wall, not
less than twenty inches from the floor.
K. Lighting Required. Massage establishments will be well-lighted at all times during
business hours. Rooms where massage services are provided will be adequately lighted when
occupied.
(
9.06.196 Massage Establishment Sanitary Conditions–Condition of Premises.
A. Required Maintenance of Massage Establishment. All premises and facilities of the
massage establishment shall be maintained in a clean and sanitary condition and shall be
thoroughly cleaned after each day of operation. The premises and facilities shall meet applicable
code requirements of the city, including but not limited to, those related to the safety of
structures, adequacy of the plumbing, heating, ventilation, and waterproofing of rooms in which
showers, water, or steam baths are used.
B. Linens. All massage establishments shall provide clean laundered sheets, towels, and
other linen in sufficient quantity for use by their clients. Such linens shall be laundered after
each use and stored in a sanitary manner. No common use of linens or towels shall be
permitted. Heavy white paper may be substituted for sheets on massage tables, provided such
paper is used only once for each client and is then discarded into a sanitary receptacle.
Containers shall be provided for the storage of all soiled linens.
C. Privacy Standards for Massage Rooms, Dressing Rooms, and Restrooms. Dressing
rooms and restrooms may only be used by clients of the same sex at the same time. The massage
establishment shall provide doors for all dressing rooms and massage rooms. Draw drapes,
curtain enclosures, or accordion-pleated enclosures are acceptable in lieu of doors for dressing
rooms and massage rooms.
(Ord. 2046, (part), 2009)
9.06.198 Prohibited Acts.
A. Touching of Sexual and Genital Parts of Client During Massage. No holder of a
massage establishment license, massage therapist permit, CAMTC certificate, managing
employee permit, or any other employee of a massage establishment shall place either his/her
hand or hands upon, or touch with any part of his/her body, or with a mechanical device, a sexual
or genital part of any other person in the course of a massage, or massage a sexual or genital part
of any other person. Sexual and genital parts shall include the genitals, pubic area, anus, or
perineum of any person.
B. Uncovering and Exposure of Sexual and Genital Parts of Client Before, During or After
Massage. No holder of a massage establishment license, massage therapist permit, CAMTC
certificate, managing employee permit, or any other employee of a massage establishment shall
uncover and expose the sexual or genital parts of a client or themselves while engaged in the
practice of massage, or before or after a massage. This subsection does not prohibit a client from
turning over in the course of a massage, provided the massage therapist holds a towel, sheet,
blanket, or other drape over the client to protect his/her genital and sexual parts from exposure.
If the client exposes the genital area, the massage therapist or massage practitioner shall
immediately direct the client to cover him/herself. If the client refuses to comply, the massage
therapist or massage practitioner shall inform the client that no further massage will be provided
and the client will be asked to leave the premises. If the client refuses to leave the premises, the
massage therapist or massage practitioner must immediately leave the room and notify the
managing employee.
C. Outcall Massage Services. It is unlawful for any massage establishment, massage
therapist or massage practitioner to provide outcall massage services that are not in conformance
with the provisions of Section 9.06.190.
D. Transfer of Massage Establishment License, Massage Therapist Permit and Managing
Employee Permit. No permit issued pursuant to this chapter shall be transferred or assigned in
any matter, whether by authorization of law or otherwise, from any location to location or from
person to person, except that a person possessing a massage therapist permit, issued by the City,
shall be able to move from one employer to another without filing a new application or paying a
new fee, so long as the permit holder notifies the City Manager or his/her designee, in writing, of
the change in his/her employment within five business days of such change. Failure to make this
notification within five business days shall be grounds for suspension, revocation, or denial of
the permit.
9.06.200 Suspension or Revocation–Grounds.
Any license or permit issued under this chapter may be suspended or revoked by the City
Manager for any reason that would have originally justified the refusal to grant a license or
permit.
(Ord. 2046, (part), 2009)
9.06.210 Suspension or Revocation–Notice–Hearing.
The holder of the license or permit shall be given prompt notice of revocation or suspension
of the license or permit and shall immediately desist from engaging in the activity. The notice
shall fix a time and place, not less than five or more than thirty days after service thereof, at
which time the holder of the license or permit may appear before the City Manager and be
granted a hearing upon the merits of such suspension or revocation. If after such hearing the
license or permit is ordered revoked, the holder shall have the right to appeal such action to the
City Council in accordance with Section 9.06.220 of this chapter.
(Ord. 2046, (part), 2009)
9.06.220 Appeals.
Any person whose license or permit has been denied, suspended or revoked may appeal the
administrative decision of the City Manager, or designated representative, by filing a written
notice of appeal with the City Clerk within five working days after receipt of notice of the
decision. Such appeal shall be heard by the City Council, which may affirm, amend or reverse
the order, or take other action deemed appropriate. The Clerk shall give written notice of the
time and place of the hearing to the appellant and any other person requesting notice. In
conducting the hearing, the City Council shall not be limited by the technical rules of evidence.
Any person requesting an appeal shall pay a nonrefundable fee set forth in the City fee schedule
at the time of filing the appeal.
(Ord. 2046, (part), 2009)
9.06.230 Inspection by Officials–Premises.
Any and all investigating officials of the City shall have the right to enter massage
establishments, from time to time during regular business hours, to make reasonable inspections
to observe and enforce compliance with building, fire, electrical, plumbing or health regulations,
and to ascertain compliance with the provisions of this chapter. A warrant shall be obtained
whenever required by law.
(Ord. 2046, (part), 2009)
9.06.240 Violation–Public Nuisance.
Violation of any provision of this chapter constitutes a public nuisance, which may be abated
pursuant to Chapter 1.09 of the Cupertino Municipal Code.
(Ord. 2046, (part), 2009)
9.06.250 Violation–Penalty.
Any violation of this chapter shall be enforced as provided in Chapter 1.12 and/or Chapter
1.10 of the Cupertino Municipal Code.
(
9.06.260 Continuing Violations–Alternative Remedies.
Nothing in this chapter shall be deemed to prevent the City Council from directing the City
Attorney to commence civil action to enjoin the continued violation of any provision of this
chapter or to abate a nuisance, as an alternative, or in conjunction with any other civil or criminal
proceedings provided for herein.
(Ord. 2046, (part), 2009)
INTRODUCED at a special meeting of the Cupertino City Council the 1st day of May, 2012 and
ENACTED at a regular meeting of the Cupertino City Council this ____ day of ____, 2012 by
the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________
Grace Schmidt, Acting City Clerk Mark Santoro, Mayor